12 Addendum - Hillside Development Standards & GuidelinesI
MEETING DATE: 2/02/04
°w N 0 ITEM NO.
ADDENDUM
COUNCIL AGENDA REPORT
~~8 G AZ°S
DATE: January 30, 2004
TO: MAYOR AND TOWN COUNCIL /
FROM: DEBRA FIGONE, TOWN MANAGER
SUBJECT: CONSIDER ADOPTION OF HILLSIDE DEVELOPMENT STANDARDS &
GUIDELINES.
RECOMMENDATION:
Adopt a resolution approving the Hillside Development Standards & Guidelines (two alternative
resolutions have been provided).
DISCUSSION:
Attachment 20 is information received after the report was completed.
Attachments:
L-19. Previously received items
20. Letter from Joe McCarthy (3 pages) received January 29, 2004
BNL: SD: mdc
N:\DE V\SUZANNE\CounciRReports\FY?003-0AHDS&G4.wpd
PREPARED BY: BUD N. LO TR Z~
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:Assistant Town Manager Attorney Clerk Finance
Community Development Revised: 1/30/04 9:28 am
Reformatted: 5/23/02
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Los Gatos City Council.
RECEIVED
JAN 2 9 ?004
TOWN OF LOS GATOS
PLANNING DIVISION
This letter relates to the Vineyard Heights Development on Foster Road. It is yet
another letter concerning the project, along with our attorney, Tom O'Donnell's previous
letters.
I will attempt to consolidate all the years of planning, construction and
negotiations, which transpired in this very complicated project.
First let us describe the community benefits provided by this project. Recently, as
a result of attending numerous Planning Commission and Council meetings, I learned
that a number of Los Gatos projects have trouble describing any community benefit. Our
project has no such problem. There is not a recent project which approaches the level of
community benefits as does Vineyard Heights. To avoid taking time to list the
community benefits at the upcoming city council meeting, I have described them below:
* A very low impact, six-lot development on a 58-acre parcel with four of the lots
clustered to minimize impact.
* Removal/demolition of the most offensive visual impact in the Town; a 160,000 sq.
foot, six story former college building and a 6,500 sq. foot, four story home located on
property so as to be extremely visible from the valley floor.
* The demolition, asbestos removal, and off site hauling of all the product remnants of
the huge reinforced concrete structure (1,200 tons of concrete rebar alone) was
accomplished with the construction of a haulroad over to Alma Bridge Road, so as to
avoid affecting the Town and residents of Foster Road. The Town was credited for the
recycling of concrete (which was ground on site and reused), lumber and metal.
* Removal of one of the Town's most "attractive nuisances." The abandoned
buildings were used continuously for drinking and carousing, and even a location of a
methamphetamine lab.
* Construction of the extension of Foster Road to Town standards, with all
underground utilities, Le., ho overhead power lines, sanitary sewer line to valley (no
septic tanks), storm drainage improvements, water system, and storm water. We even
brought natural gas up Foster which allowed neighbors below to hook up and eliminate
the need for propane tanks.
* Construction of a new 350,000 gallon water storage tank which provides water for
the project, and was oversized to provide fire storage water protection for neighbors
down Foster Road.
Attachment 20
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* Offsite Construction of 2,100 feet of 8" high tech, fused plastic water pipe line and
fire hydrants, which provide the much needed fire protection for Foster Road residents
below the project.
* Extensive negotiations with the Novitiate and the eventual offsite construction of a
3,000 foot emergency access road which will provide police and fire services an
alternative access route to Foster Road and a potential exit road for Foster Road residents
in the event of an emergency.
* The relocation of overhead PG&E powers lines. They had been on the Saint
Joseph's ridgeline and therefore visible from the valley floor.
* The restoration of the Saint Joseph's ridgeline, which had been flattened for a
baseball diamond.
Please take into consideration the scope of these benefits and the effort that has
been put into accommodating the Town and their needs.
Processing for this project started in 1997. A more dense development with 13
lots was initially discussed. We eventually settled, with Lee Bowman's strong
recommendation, for a PD with six larger lots including four lots clustered in the area of
the former buildings. That Town recommendation resulted in a plan with larger lots
designed for larger homes. It is the plan upon which we based our development. As
recently as 2002, my house of approximately 10,000 square feet was approved and is
under construction.
The elevation of Foster Rd and other grading and driveway restrictions were set
by the Town of Los Gatos, which had to be adhered to. These factors created the current
height of the lots, which make them more visible to the valley floor. When this process
was taking place the current and soon to be old hillside guidelines were in place. These
guidelines do not restrict the size of homes due to visibility and therefore made the
elevations of the lots practical.
In a previous City Council meeting that took place on September 2, 2003, the
council debated over an urgency ordinance prohibiting the approval of applications for
personal service businesses. Many references were made to people that were in the
"pipeline" for their application for a personal service business license. The council spoke
of the affect this new ordinance would have over people that were in the pipeline and
how they should be exempt from the new ordinance. Below are some pertinent quotes
from the meeting:
Mayor Glickman:
"nothing here is retroactive, it does not affect those in the pipeline"
(the new ordinance)"will not harm anybody who has made a significant
investment in town"
Councilwoman McNutt:
"affect people that already started their plans, it is grossly unfair to be changing
the rules of the game mid-stream"
Councilman Wasserman:
"those people that are in the pipeline that have permits on file should certainly not
be affected"
"people that come to our planning department that were given guidance, given
direction, saying yes you can do that, that our laws allow for that now, the ordinance, the
zoning allow for that now should be entitled to do that, I think that is very very
important"
All of the benefits previously listed above bring us to the "fairness" issue and the
question of being "in the pipeline." Our development style has always been one of
cooperation, straight forwardness, and fairness but we feel that the imposition of an
absolute maximum square footage limitation based solely on visibility is definitely not
"fair" at this stage of our project. More than $10,000,000 has been spent on the project
to date. We feel like the rug is being pulled out from under us.
Based on this line of reasoning our project should be "grandfathered." Town staff
has suggested the following language: "The maximum floor area standards shall not
apply to any Planned Development approved prior to the effective date of this resolution
to which the subsequent architecture and site applications have not been submitted to the
Town." We request that you approve this draft but please also indicate the special facts
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surrounding this project so that a request for residences of greater than 6,000 square feet
will get a fair hearing.
Thank you for your consideration.
Joe McCarthy